(Download) "Tianvan v. Avco Corp." by District Court of Appeal of the State of Florida Fourth District January Term 2005 * eBook PDF Kindle ePub Free
eBook details
- Title: Tianvan v. Avco Corp.
- Author : District Court of Appeal of the State of Florida Fourth District January Term 2005
- Release Date : January 13, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
We reverse the trial courts dismissal of appellants complaint with prejudice as a sanction for failing to respond to discovery requests and comply with orders compelling discovery. In dismissing this action, the trial court failed to make express written findings of fact supporting the conclusion that the failure to obey the court orders demonstrated willful or deliberate disregard. See Ham v. Dunmire, 891 So. 2d 492, 495 (Fla. 2004) ("The dismissal of an action based on the violation of a discovery order will constitute abuse of discretion where the trial court fails to make express written findings of fact supporting the conclusion that the failure to obey the court order demonstrated willful or deliberate disregard."); Commonwealth Fed. Sav. & Loan Assn v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990) (holding that the trial court must make a "finding that the conduct upon which the order is based was equivalent to willfulness or deliberate disregard").